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A Well-known Trademarks International Protection Of,

Posted on:2009-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:H M WangFull Text:PDF
GTID:2206360272457500Subject:International Law
Abstract/Summary:PDF Full Text Request
Well-know trademark is the symbol of good quality, so it has distinguished reputation. The function of well-know trademark is not only to distinguish marks but also to represent status. So it is very important to set up a special system to protect well-know trademark. It is also the trend of international law. This paper has a depth analysis on the current hot issues about well-know trademark on the basis of its conception and theories, and tabled several proposals with our counties ` situation considered.There are four main parts in this paper, totally about 32000words.The first part tell us the concept and character of well-know trademark, that is well-know trademark is with good reputation in society and is know by related people. This paper also tell us the difference between well-know trademark and other related concepts. Further, introduce us the theories about well-know trademark, focusing on American anti-dilution theory. In the author`s opinion, the criteria and scope of well-know trademark should be definite to make sure the well-know trademark could enjoy a additional protection.The second part introduce us the international agreements and other countries` law concerning well-know trademark, among them, Agreement on Trade-Related Aspects of Intellectual Property Rights is the most powerful one because it also protect service marks. Well-know trademark enjoy a additional protection in America, each of state has enacted anti-dilution law to protect it.The third part mainly talked about the hot issues about well-know trademark at present, focusing on preemptive registration of well-know trademark on purpose, conflict between well-know trademark and enterprise` s name, conflict between well-know trademark and domain name, protection of unregistered well-know trademark. And then analysis these questions and find out reasons why they conflicted with each other, which is the basis of chapter four.The fourth part is the most important part of this paper, several suggestions have been made to settle problem listed in chapter three. Firstly, to perfect the law, and set up special system to protect well-know trademark. Secondly, Enterprise should do something to prevent their trademark from registering by others, enterprise also should enhance consciousness of intellectual property protection. Finally, to perfect the protection of unregistered well-know trademark, so that it could enjoy a additional protection as registered well-know trademark.
Keywords/Search Tags:well-know trademark, anti-dilution, preemptive registered, conflict
PDF Full Text Request
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